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Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)
....judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ......lam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent No.1 (In all the cases) None Represented—For Respondent Nos.2-5. (In all the cases) Civil Petition for Leave to Appeal Nos.1718 & 2686 of 2010 and 869 of 2011. (From the judgment and order dated 1......judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ....... M Anwar Hossain and others………………………………Respondents Judgment August 8, 2011. Case Referred to- Qazi Kamal Vs. Rasdhani Unnayan Kartipakkha, 44 DLR (AD) 29. Lawyers Involved: Rajik-al-Jalil, Deputy Attorney General, instructed by B, Hossain, Advocate-on..Category: Property Law | Date: | Hits: 68
Golam Mustafa Vs. Commissioner of Customs and others, 2011, 40 CLC (HCD)
....the Appellate Division which is binding on us we are of the view that this application merits no substance which is summarily rejected. Ed. This Case is also Reported in: 63 DLR (2011) 679. ......ank Guarantee being No.74/2011 dated 14-3-2011 (Annexure-G). 2. The Background leading to this application is that the petitioner in course of his business opened Letter of Credit dated 27-12-2010 for the import of commodity of 32 MT of Anti Oxidant preparation and other compound Stabilizer for R......the Appellate Division which is binding on us we are of the view that this application merits no substance which is summarily rejected. Ed. This Case is also Reported in: 63 DLR (2011) 679. .........Petitioner Vs. Commissioner of Customs and others................Respondent Judgment July 13, 2011. Case Referred to- Uttara Bank Vs. Macneill & Kilburn, 33 DLR (AD) 298. Lawyers Involved: MA Hannan, Advocate—For the Petitioner. SM Moniruzzaman with Pratikar Chak..Category: Business or Commercial Law | Date: | Hits: 200
Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)
.... to be without lawful authority and is of no legal effect. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (2011) 674. ......it Petition No. 8719 of 2010. Judgment Zinat Ara J. - In this Rule Nisi, the petitioner has challenged the legality of the proceeding of Money Decree Execution Case No.42 of 2002. pending, before the Artha Rin Adalat No. 2, Dhaka arising out of Money Suit No. 27 of 1990. 2. Facts necessa...... to be without lawful authority and is of no legal effect. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (2011) 674. ...................Respondents Judgment June 20, 2011. Case Referred to- Montaj Ali Akonda and others Vs. Kefatullah Mondal being dead his heirs 1(a) son A. Hamid and others, 7 MLR (AD) 138. Lawyers Involved: Md. Hedayet Hossain, Advocate—For the Petitioner. ASM Abdur Razzaque with ..Category: Civil Law | Date: | Hits: 83
Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)
.... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489.......riminal Revision No.1252(R) of 1992. Judgment Md. Badruzzaman J.- This Reference under section 374 of the Code of Criminal Procedure has been made by the Additional Sessions Judge, Narayanganj, for confirmation of the sentence of death imposed upon absconding accused Sanwar Hossain on his conv...... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489.......20; Hassen Ali Vs. State, 38 DLR 235; Bangladesh Vs. Paran Chandra Baroi, BCR 1986 (AD) 225; Moslemuddin & ors. Vs. State, 1987 BLD (AD) 1; Amir Hossain Howlader Vs. State, 1984 BLD (AD) 193. Lawyers Involved: Amirul Kabir Chowdhury, Deputy Attorney General, with MA Latif, Advocate ‑ Fo..Category: Criminal Law | Date: | Hits: 91
....h the concurrent findings of fact arrived at by the Courts below.
This petition is, therefore, dismissed with a cost of Tk. 5,000/-
Ed.
This Case is also Reported in: VIII ADC (2011) 449.
......ember 2, 2010.
Result:
The petition is dismissed.
Lawyers Involved:
Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners.
Not Represented- the Respondent.
Criminal Petition for Leave to Appeal No.413 of 2009.
(From the judgment and order dated 5.1.2009 passed by the Hig......h the concurrent findings of fact arrived at by the Courts below.
This petition is, therefore, dismissed with a cost of Tk. 5,000/-
Ed.
This Case is also Reported in: VIII ADC (2011) 449.
......…….....Petitioners
Vs.
Md. Tasar Ali being dead his heirs: 1(a) Md. Jabbar Mia and others…........Respondents
Judgment
December 2, 2010.
Result:
The petition is dismissed.
Lawyers Involved:
Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners.
Not Represent..
Category: Property Law | Date: | Hits: 68
State Vs. Sabu and others, 2009, 38 CLC (AD)
.... 9. Under the circumstances, we find no merit in the submissions made on behalf of the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 445.......tober 6, 2009. Lawyers Involved: Forhad Ahmed, Deputy Attorney General instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Not Represented- the Respondents. Criminal Petition for Leave to Appeal No. 280 of 2008. (From the Judgment and order dated 11.03.2008 passed by the ...... 9. Under the circumstances, we find no merit in the submissions made on behalf of the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 445.......que J State…………………………………………………………. Petitioner Vs. Sabu and others ..................................Respondents Judgment October 6, 2009. Lawyers Involved: Forhad Ahmed, Deputy Attorney General instructed by B. Hossain, Advocate-on-Rec..Category: Criminal Law | Date: | Hits: 71
State Vs. Golam Sabbir Shown, 2011, 40 CLC (AD)
....no cogent ground to interfere with the discretionary power exercised by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 443.......tructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Abdul Baset Majumder, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 503 of 2010. (From the judgment and order dated 12.8.2010 passed by the H......no cogent ground to interfere with the discretionary power exercised by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 443.......The State……………………………………………….........Petitioner Vs. Golam Sabbir Shown………………………………......Respondent Judgment January 12, 2011. Lawyers Involved: Momtazuddin Fukir, Additional Attorney General, instructed by Mrs. Sufia Khatun..Category: Criminal Law | Date: | Hits: 98
Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)
....uit is set aside and thus, the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (2011) 791. ......ing the suit should not be set aside. 2. The fact of the case in-short is that, the petitioner as plaintiff instituted Title Suit No.169 of 2003 in the Court of Senior Assistant Judge, Savar Dhaka for specific performance of contract for sale of the suit land impleading the opposite party Nos.1-3......uit is set aside and thus, the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (2011) 791. ...... Vs. Khandokar Enamul Mowla and ors.......Defendant-Respondent-Opposite Parties Judgment July 20, 2011. Cases Referred To- 5 BLC 649, 59 DLR (AD) 39, 56 DLR 285, 29 DLR (SC) 211. Lawyers Involved: Mokhlesur Rahman with Jobaida Pervin, Advocates—For the Petitioner. Zafar ..Category: Property Law | Date: | Hits: 74
Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)
....f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ......ies to these Application elicited at various stages of the arbitration process from its very initiation through to the making of an arbitral award by an Arbitration Tribunal ("Tribunal"). While, therefore, Arbitration No.1 of 2007 arises as a section 7(Ka) application for an Order of Interim injun......f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ......Titas Prokaushali Ltd Vs. Roads and Highways, 46 DLR 665; Hossain Textile Mills Ltd Vs. Daba Sons Limited, PLD 1973 (Karachi) 413; Rustal Trading Vs. Gill & Duffers SA [2001] 1 Lloyd's Rep 14. Lawyers Involved: Ajmalul Hossain QC, Senior Advocate with ABM Siddiqur Rahman Khan, Advocate—F..Category: Alternative Dispute Resolution | Date: | Hits: 172
....r Rahman, the learned Advocate-on-Record, failed to dislodge this finding of the High Court Division.
Accordingly, this petition is dismissed.
This Case is also Reported in: VIII ADC (2011) 439. ......, Advocate-on-Record-For the Petitioner.
Shamim Ahmed, Advocate, instructed by Abu Siddique, Advocate-on-Record-For Respondent No. 2.
Not represented-Respondent Nos. 1, 3-4.
Civil Petition for Leave to Appeal No. 1896 of 2008.
(From the Judgment and order dated 22.09.2008 passed by the......r Rahman, the learned Advocate-on-Record, failed to dislodge this finding of the High Court Division.
Accordingly, this petition is dismissed.
This Case is also Reported in: VIII ADC (2011) 439. ......Md. Abdul Matin J
ABM Khairul Haque J
Md. Rafiqul Islam Faruque ………………………............Petitioner
Vs.
Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, and others………………….........Respondents
Judgm..
Category: Procedural Law | Date: | Hits: 76
Abu Syed Khan Vs. Humayun Kabir and another, 2011, 40 CLC (AD)
....fectly justified in decreeing the suit. We find no merit in the contention of Mr. Mahbubey Alam. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 436. ......dvocate-on-Record-For the Petitioners Mahmudul Islam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.2 Not Represented-For Respondent No.1. Civil Petition for Leave to Appeal No.102 of 2010. (From the judgment and order dated 2.7.2009 passed by the Hig......fectly justified in decreeing the suit. We find no merit in the contention of Mr. Mahbubey Alam. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 436. ...... being dead his legal heirs; 1(a) Shahida Khatun and others……...Petitioners Vs. Humayun Kabir and another………………………………Respondents Judgment February 17, 2011. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-..Category: Property Law | Date: | Hits: 73
Government of Bangladesh and others Vs. Ansarul Huq, 2011, 40 CLC (AD)
....ith such order of refusing to condone the delay. No point of law is involved in this matter. This petition is accordingly, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 434. ......y 5, 2011. Lawyers Involved: Morad Reza, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record- For the Petitioners. Not represented-For the Respondent. Civil Petition for Leave to Appeal No. 42 of 2010. (From the judgment and order dated, 8.11.2009 passed by the A......ith such order of refusing to condone the delay. No point of law is involved in this matter. This petition is accordingly, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 434. ......Government of Bangladesh and others…...................Petitioners Vs. Ansarul Huq ..............................................................Respondent Judgment January 5, 2011. Lawyers Involved: Morad Reza, Additional Attorney General, instructed by B. Hossain, Advocate-on-..Category: Administrative Law | Date: | Hits: 206
...., we find no substance in the submissions of the learned Counsel for the appellant.
Accordingly, the Appeal is dismissed in ex-parte.
Ed.
This Case is also Reported in: VIII ADC (2011) 428. ......98 summarily rejecting the petition.
2. The facts involved in the writ petition, in short, are that the petitioner is a private limited company. It filed a return showing income at TK. 1,42,532.00 for the assessment year, 1994-95 but the Deputy Commissioner of Taxes, respondent No.2, completed ......, we find no substance in the submissions of the learned Counsel for the appellant.
Accordingly, the Appeal is dismissed in ex-parte.
Ed.
This Case is also Reported in: VIII ADC (2011) 428. ......
M/S. Concord Ready Mix and Concrete Products Ltd………….......Appellant
Vs.
The Tax Settlement Commission and another……………......Respondents
Judgment
November 11, 2009.
Lawyers Involved:
Habibul Islam Bhuiyan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on..
Category: Fiscal/Taxation Law | Date: | Hits: 113
Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)
....il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ......kanuddin Mahmud, Senior Advocate and Md. Asaduzzaman, Advocate), instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.1. Not represented-For Respondent No. 2. Civil Petition for Leave to Appeal No. 501 of 2010. (From the judgment and order dated 4.2.2010 passed by the Hi......il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ......n, Bangladesh Secretariat, Dhaka-1000 .............................................Petitioner Vs. Md. Ataur Rahman and others…………………….Respondents Order March 13, 2011. Lawyers Involved: M.K.Rahman, Additional Attorney General (with Mustafa Zaman Islam, Deputy Attor..Category: Constitutional Law | Date: | Hits: 441
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
....merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ......in execution of a decree passed by a competent Court without setting aside the decree. 2. Respondent No.1 (the plaintiff) instituted the suit in the First Court of Subordinate Judge, Narayangonj for declaration that the deed dated 14th November, 1992 executed and registered through Court in p......merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ......) 176; Ramappa Vs. Bojjappa, AIR 1963 SC 1633; Sardar Gurbakhsh Singh Vs. Gurdial Singh and another, AIR 1927 P.C. 230; Siddir Gary PS. Case No. 7(11)/93 corresponding to G.R. Case No.309 of 1993. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate..Category: Procedural Law | Date: | Hits: 76
.... parliamentary affairs, Government of Bangladesh.
Send down the lower Court record.
Communicate this order at once.
Ed.
Md. Nuruzzaman J.-I agree.
This Case is also Reported in:
...... directed against judgment and decree dated 22.11.2000 passed by the learned Subordinate Judge, 2nd Court, Noakhali dismissing Title Suit No.19 of 1994.
2. Appellants as plaintiffs instituted the aforesaid suit with prayer for a decree that suit property as described in schedule ‘Ka’, Kha, Ga...... parliamentary affairs, Government of Bangladesh.
Send down the lower Court record.
Communicate this order at once.
Ed.
Md. Nuruzzaman J.-I agree.
This Case is also Reported in:
......er, 46 DLR-136; M/S Dulichand Omraolal VS. Bangladesh, through the Secretary, Ministry of Industries and others, 33 DLR (AD)-30; Nittya Gopal Roy Barmon Vs. Pran Gopal Nandi and others, 32 DLR-11.
Lawyers Involved:
Md. Delwar Hossain, Advocate, Advocate with Sihab Uddin Mahmood, Advocate-For t..
Category: Property Law | Date: | Hits: 66
State Vs. Kazol, 2011, 40 CLC (HCD)
.... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ......ed the provisions of Section 374 of the Code of Criminal Procedure (“the Code”) requiring such sentence to be confirmed by this Court. The case record together with the judgment having been, therefore, sent to this Court, this Court registered the same as Death Reference No. 01 of 2006. 2. I...... the Druto Bichar Tribunal-2, Dhaka immediately. Send down the Lower Court Records. Communicate this Order at once. Md. Habibul Gani J. - I agree. Ed. This Case is also Reported in: ......orted in BCR (1985) (AD), 298; Ansar (MD) Chan Mia Vs. State 53 DLR (AD) (2001), 115, 14; Zakir Hossain Vs. State 55 DLR (2003), 137; Siddique Munshi Vs. State 44 DLR (AD) (1992) 169 Paragraph 9. Lawyers Involved: A.M. Md. Azizul Haque, Advocate-For the Condemner Prisoner/ State Defense Lawye..Category: Criminal Law | Date: | Hits: 106
Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)
....reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ......e Respondent No.1. Company Matter No. 99 of 2008. Judgment Syed Refaat Ahmed J.- This is an Application under Section 241(v) read with Section 242 of the Companies Act, 1994 (“the Act”) for winding up the Respondent No.1 Federal Insurance Company Limited, a publicly listed company. ......reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ......handrojirao AIR 1962 Madhya Pradesh 69 (V 49 C 29); Hariprasad Vs. A.C. Traders (PR) Ltd.; AIR 1964 Madras 519 (V 51 C 176;) Imperial Hydropathic Hotel Co., Blackpool Vs. Hampson, 1882-49 LT 147. Lawyers Involved: Sayyid Shahid Hussain, Senior with Rani Akhter, Advocate- For the Petitioner. ..Category: Company Law | Date: | Hits: 203
Pradip Kumar Malakar Vs. Birendra Chandra Malakar and others, 1993, 22 CLC (HCD)
....trial Court set aside the order impugned. 3. In the result, the Rule is made absolute. I accord no costs as the Rule is not opposed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 422.......ial court became functus officio. The trial Court upon an application under Or. 23 r. 1 CPC passed the impugned order after remand of the suit by the lower appellate Court to consider the application for withdrawal of the suit. In my opinion the lower appellate Court committed serious error of law i......trial Court set aside the order impugned. 3. In the result, the Rule is made absolute. I accord no costs as the Rule is not opposed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 422....... Present: AM Mahmudur Rahman J Pradip Kumar Malakar......................Petitioner Vs. Birendra Chandra Malakar and others ………..Opposite Parties Judgment June 15, 1993. Lawyers Involved: Md. Fazlul Haque, Advocate ‑ Petitioner. No one ‑ For the Opposite Parti..Category: Procedural Law | Date: | Hits: 72
Mahmud Ibne Abbas Vs. Begum Momtaz Hossain and another, 1991, 20 CLC (HCD)
....ad been prayed for and to take steps for submission of the commissioner's report within one month of receipt of a copy of this order. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 419. ......ourt of Assistant Judge Dhaka where the suit was numbered as Title suit No.253 of 1988; rejecting the plaintiff petitioner's application under Order 39 rule 7 read with section 151 of the CPC praying for local inspection and a prayer for review of earlier order dated 5.3.90 by which the previous app......ad been prayed for and to take steps for submission of the commissioner's report within one month of receipt of a copy of this order. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 419. ......ion) Present: Badrul Islam Chowdhury J Mahmud Ibne Abbas. ............Petitioner Vs. Begum Momtaz Hossain and another..............Opposite Parties Judgment December 12, 1991. Lawyers Involved: Shah MH Rahman, Advocate ‑ For the Petitioner. Rakib Ahmed, Advocate ‑ F..Category: Property Law | Date: | Hits: 80
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